Tinley Park facility sued in patient's choking death

March 02, 2009

The sister of a mentally disabled man who choked to death while at dinner in February 2008 at the Howe Developmental Center has filed a wrongful death lawsuit against the State of Illinois and a doctor at the Tinley Park facility.The suit alleges that when food became lodged in the throat of Kenneth Kasprak, 67, who was taking medication that increased his risk for choking and had previous incidents of choking, that neither Howe's on-duty doctor nor staff members cleared his breathing or tried to revive him. That didn't occur until paramedics arrived minutes later, said Kevin J. Moore, attorney for the plaintiff, Evelyn Kasprak of Chicago.

The suit comes amid a battle between disabled-care advocates, state health officials and families of the disabled over what to do with the Howe center.

Equip for Equality, the federally mandated watchdog for disabled-care facilities, charges that neglect and mismanagement at Howe has contributed to at least 30 patient deaths there since 2005.

The Kasprak suit is believed to be the first of its kind linking the state with the problems at Howe. Moore said that though this case involves a specific incident at Howe, his research likely will look into similar claims of neglect and mismanagement.

Equip for Equality officials said the suit could open the door for other families who've seen loved ones die under suspicious circumstances while at Howe. But it's unclear how many would be eligible, considering the statute of limitations on these types of cases expire after 12 months, said Deborah Kennedy, the nonprofit agency's abuse investigator.

"We'll have to see what happens, but I think a lot of people will be watching this case closely," she said.

Tom Green, spokesman for the Illinois Department of Human Services, named as a defendant in the suit, said the state's legal staff had yet to see the complaint and he declined to comment. Moore filed it last week in Cook County Circuit Court and the Illinois Court of Claims because he was unsure which court had jurisdiction.

The Illinois Department of Human Services has joined Equip for Equality in its fight to close Howe. But many of Howe's roughly 750 employees and families of residents oppose the closing. A commission of state lawmakers who heard arguments on both sides in December is expected to release its decision in April. The final decision rests with Gov. Pat Quinn.

Kasprak, who was diagnosed with moderate mental retardation and schizo-affective disorder, had lived at Howe since 1997, the suit said.